beta
(영문) 대구지방법원 2015.09.09 2014가단46225

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 피고는 2013. 6. 22.경 B와 사이에 B가 운영하는 경북 군위군 C에 있는 D 농장(이하 ‘이 사건 농장’이라고 한다)에 피고 소유의 자돈(仔豚, 새끼 돼지)을 공급하여 사육하도록 하고 피고가 B에게 출하 돼지 1두당 35,000원씩 위탁사육비를 지급하기로 하는 돼지위탁계약을 체결하였다.

B. On September 11, 2013, based on the executory exemplification of the performance recommendation decision for the construction cost case of the Daegu District Court 2013Gau463, the Plaintiff executed the attachment of 200 Dus in the instant farm (hereinafter “instant attachment”) on September 11, 2013, based on gender support of the Daegu District Court 2013Da119, the Plaintiff executed the attachment of 200 Dus in the instant farm.

C. From June 22, 2013, the Defendant: (a) entered 1,607 dus on the instant farm from around June 22, 2013; (b) shipped 757 dus on the instant farm; and (c) seized 200 of the remaining pigs.

(A) There is a dispute between the parties as to whether there exist several pigs in the farm at the time.

After the seizure of this case, the Defendant settled the obligation and obligation between B and B.

The Plaintiff and B determined that: (a) the Plaintiff paid 56,245,000 won (1,607Du207 x 35,000 won); (b) the Plaintiff paid 3,90,000 won (39Du39 x 100,000); (c) the destroyed swine 16,80,000,000 won (56Du x 300,000); and (b) the Plaintiff paid 40,70,000,000 won (200Du200 x 200,000) of the seized goods of this case; and (c) B paid 4,45,000 won to the Plaintiff.

E. On December 6, 2013 and October 1, 2014, the enforcement officer of the Daegu District Court’s Family Court’s gender support on the Plaintiff’s application, inspected the custody status of each of the instant seized objects.

As a result of the inspection on December 6, 2013, B stated that on November 29, 2013, the remaining number of B brought about 507 heads of pigs 584 heads of pigs is 77 heads, but the result of the inspection showed that a total of 80 heads of B (one of them) remains.

The results of the inspection on October 1, 2014 showed that the house B had been living in Korea, and three entrances were installed.